DHARAM PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed this writ petition for issuance of writ in the nature of certiorari for setting aside the impugned notices dated 15-06-2010 as well as dated 04-06-2010, which have been issued by the Circle Officer (respondent No. 4), Parwalpur, Nalanda and also prayed for setting aside the order dated 24-05-2011 passed by the respondent No. 2, the District Magistrate, Nalanda, in Encroachment Case No. 02 of 2010 as well as order dated 07-06- 2011, passed by the Circle Officer (respondent No. 4), Parwalpur, Nalanda in Encroachment Case No. 03 of 2006-07.

(2.) The brief facts, which lie to file this writ petition, is that the house of the petitioner is stood over Khesera No. 3085 and the house of private respondent No. 5 is stood and constructed over Khesera No. 3084 and at the time of construction of house of private respondent No. 5 over the above-said plot, the plot belonging to the petitioner was vacant but later on, he got constructed his house over the above-said plot after construction of house of the private respondent No. 5. Furthermore, the private respondent No. 5 used to go through the above-said vacant land of the petitioner but when the house of the petitioner was constructed on Khesera No. 3085, the private respondent No. 5 filed an objection before the District Magistrate, Nalanda and other officials, regarding the so-called obstruction of his passage. Thereafter, spot inquiry was made by Anchal Ameen, who measured the lands, in question and sent his report dated 13-02-2006, specifically, mentioning therein that there was no sign of any passage and the complaint of private respondent No. 5 was found baseless. The report dated 13-02-2006 is annexed with this writ petition as Annexure-1. After the aforesaid report, private respondent No. 5 again filed a petition before the respondent No. 4, mentioning therein that the petitioner obstructed his passage by making encroachment on public land. On the complaint of private respondent No. 5, Encroachment Case No. 03/2006-07 was registered and in the aforesaid encroachment case, the Anchal Ameen submitted his report dated 22-09-2006 mentioning therein that the petitioner encroached 2 1/4 decimals area of plot No. 3108 and 1 1/4 decimal area of plot No. 2703 and furthermore, the Ameen reported that the petitioner encroached 16 Kari public land. The petitioner filed objection against the report dated 22-09-2006, mentioning this fact that in consolidation proceeding, Chak No. 3085 having an area of 9 decimals, was allotted to him but the concerned Ameen did not measure the land, in question, as per new map of the said land. The aforesaid Encroachment Case No. 03/2006-07 remained pending for a long period but in the meantime, private respondent No. 5 filed CWJC No. 7204 of 2009 before this court for disposal of Encroachment Case No. 03/2006-07 and thereafter, this court disposed off the writ petition vide order dated 30-06-2009 without touching the merit of the case and without issuance of notice to the petitioner with direction to the concerned authority to dispose off the Encroachment Case No. 03/2006-07 within a period of six months.

(3.) The State as well as private respondent No. 5 filed their separate counter affidavits, pleading therein that the petitioner encroached the public land and, therefore, the orders of the Circle Officer as well District Magistrate were quite genuine.